.OTA1.NTY5ODY

From Newberry Transcribe
Jump to navigation Jump to search

Mortgage...[Farmer Print.] THIS INDENTURE, made this first day of July, A. D. 1862 between Calvin S. Kingsley & Esther Ann his wife of Portland State of Oregon of the first part, and Ladd and Tilton Afts? of Portland State of Oregon of the second part, WITNESSETH, That the party of the first part, for and in consideration of the sum of five thousand (5000) dollars, to them in hand paid, the receipt whereof is hereby acknowledged, have bargained, sold, aliened, released, conveyed, and confirmed, and by these presents do bargain, sell, alien, release, convey and confirm unto the said party of the second part, his heirs and assigns forever, all that certain lot. piece and barrel? of land unsure and being in the city of Portland, State of Oregon, and known as the south half of lot number four in Berck? number seventy eight (78) according to the map of Record of said city. together with the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining; and also all the estate, right, title, interest, dower, and right of dower, property, possession, claim, and demand whatsoever, of the said party of the first part of, in, and to the same, and the revision and revisions, remainder and remainders, rents, issues, and profits thereof. To have and to hold the herein before granted bargained and described premises, with the appurtenances unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof forever, This conveyance is intended as a mortgage to secure the payment of the sum of five thousand (5000) dollars and [strikethrough] cents, in accordance with the tenor of a certain promissory note, of which the following is a copy, to-wit:-- Portland July 1, 1862 $5000 [00/100] Two years after date, without grace I promise to pay to the order of Ladd v Tilton Afts?, at the Berck? House of Ladd & Tilton five thousand dollars, for value unsure with interest thereon? at the rate of 1 1/8? percent per month until paid, interest payable on the 1st day of each and every month, but if in default of the payment of the interest 90 days at any one time principal & interest shall become due and payable. Principal and interest payable in United States gold coin. (Signed) Calvin S. Kingsley But in case default shall be made in the payment of the principal, or interest as above provided, then the party of the second part, thereof, in the manner prescribed by law, and out of the money arising from such sale, to retain the said principal and interest, together with the costs and charges of making such sale; and the overplus, if any there be, shall be made by the party making such sale, on demand, to the party of the first part, their heirs or assigns. And the said Calvin S. Kingsley for himself, his heirs, executors, and administrators, doth covenant and agree to pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money and interest as above mentioned. In witness whereof, The said party of the first part, have hereunto set unsure hand and seal the day and year first above written. Signed, sealed, and delivered in presence of [strikethrough] E.D. Shattuck? C.H.Hall Calvin S. Kingsley Esther Ann Kingsley STATE OF OREGON, COUNTY OF Multnomah On the first day of July, A. D. 1862 before the undersigned, a Notary Public in & for said State & county came the above named Calvin S, Kingsley & Esther Ann Kingsley his wife, who are known [^to me] to be the identical persons described in, and who executed the foregoing conveyance, and acknowledged that they had executed the same; and the said Esther Ann on an examination, separate and apart from her husband, acknowledged that she executed the same freely, and without fear or compulsion from any one. E.D. Shattuck? Notary Public in & for Oregon & my notarial seal hereto affixed the day above written-- [large red notary seal in bottom left-hand corner]